Is Boston Pizza's trade-mark inherently distinctive?
Canada (Federal), Canada
The following excerpt is from AIL International Inc. v Canadian Energy Services L.P., 2017 TMOB 2 (CanLII):
I commence with para. 6(5)( a ) - the inherent distinctiveness of the trade-marks or trade names and the extent to which they have become known. Neither the applicant's mark [BOSTON PIZZA], nor that of the respondent [BOSTON CHICKEN] is inherently distinctive. I adopt, in that regard, the words of Rouleau J. in Prince Edward Island Mutual Insurance v. Insurance Co. of Prince Edward Island (1999), 86 C.P.R. (3d) 342 (F.C.T.D.), where the learned judge states the following at paras. 32, 33 and 34:
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